dismissed EB-1C

dismissed EB-1C Case: Management

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Management

Decision Summary

The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or statement of fact made by the director, which is required for an appeal. Despite stating an intention to submit a brief or additional information, the petitioner failed to do so for two years after filing.

Criteria Discussed

One Year Of Foreign Employment Qualifying Relationship Managerial Or Executive Capacity Failure To Identify Error On Appeal

Sign up free to download the original PDF

View Full Decision Text
identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COpy 
DATE: SEP 0 7 2011 OFFICE: TEXAS SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
u.s. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave. N.W., MS 2090 
Washington, DC 20529ยท2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(1)(C) ofthe Immigration and Nationality Act, 8 U.S.C. ยง 1153(b)(1)(C) 
ON BEHALF OF PETITIONER: SELF-REPRESENTED 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The 
specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. ยง 103.5(a)(l)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
... . 
DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. 
The petitioner is a Texas corporation that seeks to employ the beneficiary as its manager. Accordingly, the 
petitioner endeavors to classify the beneficiary as an employment-based immigrant pursuant to section 
203(b)(1)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(1)(C), as a multinational 
executive or manager. The director denied the petition based on three grounds of ineligibility: 1) the 
petitioner failed to establish that the beneficiary was employed abroad for at least one out of the three years 
prior to entering the United States as a nonimmigrant; 2) the petitioner failed to establish that it has a 
qualifying relationship with the beneficiary's foreign employer; and 3) the petitioner failed to establish that 
the beneficiary would be employed in the United States in a managerial or executive capacity. 
The petitioner submits an appeal stating that the director failed to consider the submitted documents. The 
petitioner also states that a brief and/or additional information would be submitted within 30 days in support 
of the appeal. To date, two years after the appeal was filed, the petitioner has not supplemented the record 
with additional evidence or information. Accordingly, the record will be considered complete as currently 
constituted. 
The regulation at 8 C.F.R. ยง 103.3(a)(l)(v) states, in pertinent part: 
An officer to whom an appeal is taken shall summarily dismiss any appeal when the party 
concerned fails to identify specifically any erroneous conclusion of law or statement of fact 
for the appeal. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely with the 
petitioner. Section 291 of the Act, 8 U.S.c. ยง 1361. Inasmuch as the petitioner has failed to identify 
specifically an erroneous conclusion of law or a statement of fact in this proceeding, the petitioner has not 
sustained that burden. Therefore, the appeal will be summarily dismissed. 
ORDER: The appeal is summarily dismissed. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.